The five-month saga of a county man who lost his federal top secret clearance third-party contractor’s job after being arrested on multiple charges related to his producing a handgun he was licensed to carry during a March 13th physical altercation on his home property in the Apple Mountain West subdivision with his former brother-in-law, appears to finally have ended — probably.

On Thursday, August 3rd, with the Commonwealth again unable to produce or even contact the alleged victim, Wesley Martin, Warren County General District Court Judge Christopher Collins denied Assistant Commonwealth’s Attorney Samantha Meadows motion for another continuance in its case against John Morgan.

Following Judge Collins ruling against the prosecution motion to continue the hearing to another date in an attempt to produce the alleged victim and likely only Commonwealth eye-witness, prosecutor Meadows made the motion to nol pros (dismiss) the charges against the defendant. Morgan was charged with three class 1 misdemeanors: Brandishing a Firearm, Reckless Handling of a Firearm, Assault and Battery, and one class 6 felony charge of Strangulation. It should be noted that the gun did discharge once during the struggle for its possession, but no one was shot.

It was noted that should the Commonwealth re-establish contact with the alleged victim, Mr. Martin, it could, if so desired, refile the charges by direct indictment to the grand jury. So, as stated above — “Probably” resolved.

Has John Morgan seen the last of the Warren County Courthouse regarding his physical altercation with a former brother-in-law on his home property, during which he produced a gun that he is licensed to carry? Time will tell. – Royal Examiner File Photo

How probable? — Let’s explore some background on the circumstances surrounding the March 13 struggle between John Morgan and his sister’s former husband, Wesley Martin. The physical struggle, which grew out of a verbal disagreement, occurred when Wesley Martin was returning his daughter, who is under the age of 10, to Morgan’s 22 hours late after a court-established every third-weekend visitation.

Morgan explained that he and his wife Jen have custody of his sister and Martin’s daughter, and the daughter’s half-brother due to his brother-in-law and his sister, who is now Martin’s estranged wife, illegal drug use, and other related social instability and legal issues. According to Morgan, the escalating argument began after he informed his brother-in-law he would not be allowed back on the property for any visitation pickups until the court had ruled on the day-late return of the girl on March 13. Morgan asserts that led to Martin escalating the verbal disagreement and becoming increasingly physical in backing the larger Morgan up to a post on his front porch.

“We do have full custody of my niece and nephew. We have been visited by child services here in Warren County, and they found no issues. The custody case was in Frederick County, which is where my sister lives. We have three children of our own that live with us as well as two more that are college age and live outside the home,” Morgan told Royal Examiner in bringing his situation to our attention prior to a July 5 hearing. “The Frederick County social services has been involved for almost a year now and has visited our home and interviewed us multiple times, verifying our home is a safe and good environment for the children. We have worked extensively with them to provide a wonderful home for the kids.”

Following the August 2 nol pros of the charges during his conversation with this reporter, Morgan addressed the custody situation and how it arose. “It’s sad that some people will see us as taking (the children) from their parents, but we didn’t. The parents could not take care of them or raise them properly, and the State found that issue, we didn’t … We simply took them into our home following the State ruling, keeping them out of foster care,” Morgan observed of the alternative to the children’s uncle and aunt taking them in.

As to his assertions about Martin’s legal problems, Morgan produced a five-page rap sheet from multiple jurisdictions with dates from 2013 through 2023, including 10 illegal drug charges involving possession and intent to manufacture schedule 1 and 2 drugs; 8 charges including assault & battery, assault & battery of a family member, violation of a protective order, enter property with intent to assault or do damage; among other charges including grand and petty larceny, and 21 traffic charges, including operating without a permit, circumventing an ignition system locking system, DWI (drugs) second offense, improper and erratic driving.

In arguing against the continuance of the July 5 hearing to August 2nd, defense counsel Joseph Pricone pointed to his client’s ongoing employment dilemma hinging on the resolution of these charges. That dilemma is a direct result of the charges brought against him related to this incident. Initially, Morgan was transferred to a job not requiring his existing top-secret clearance, a clearance he eventually lost, along with his job, due to these charges filed against him.

“I’m very glad that this seems to be over. I have no hard feelings to law enforcement. I certainly still stand behind law enforcement a hundred percent, I support law enforcement for what they do, and I’m grateful for the things they do. I know mistakes happen. It’s sad I had to fall victim to that,” he said outside the courthouse following the August 2nd nol pros of the charges.

Morgan observed that the responding deputies first speaking with his former brother-in-law at the foot of his property may have impacted how they perceived events transpiring. “I believe so,” he said, leading to our observation about the impact of the size differential between him and Martin, 6-5 to 5-11, with a considerable weight disparity in Morgan’s favor, as noted in the arresting officer’s written report, which will be addressed below.

A big guy and a gun

As to the four charges against him, Morgan asserts that he was acting in self-defense in what evolved into a physical struggle for possession of his semi-automatic Smith & Wesson .45 caliber handgun he has a conceal/carry permit for and was carrying at the time of the March 13 incident with Martin. Citing physical health issues with blood pressure/heart, and his back, Morgan said he told Martin if he did not back off from his physical pressure exerted on Morgan’s front porch after the girl was placed inside with her nieces, nephews, and half-brother, he would pull his gun and use it if necessary. Morgan reported that during the struggle for the gun, it did discharge but away from any person or the residence as he tried to assure if it fired, it would not be in the direction of people, even Martin, he decided as the struggle progressed, or an occupied structure.

But having threatened to pull his gun and shoot Martin if necessary, Morgan wrote in his statement on the incident: “He told me to go ahead and pressed into me; I then proceeded to pull my pistol and place it to his head. He again did not back up and did not retreat, instead got more confrontational. I asked or told him multiple times to leave, and back away, and still, he refused.” Morgan’s wife, who made the initial 911 call for law enforcement assistance, remained outside the residence and, to our knowledge, is the only third-party witness to the altercation and struggle between the two men.

When Warren County Sheriff’s Office deputies arrived at the Morgans’ home after first encountering Wesley Martin at the edge of that property, it was John Morgan who was handcuffed due to his admitted pulling of the handgun. As noted above, he is licensed to carry and was carrying at the time of the altercation. However, he was not charged till the next day when arresting Deputy Paul Bernd acquired direct indictments against Morgan from the Magistrate’s Office on the above-cited three misdemeanors and one felony strangulation charge.

John Morgan is cuffed at the scene of the March 13 incident on his property as one responding WCSO deputy, center, hands Morgan’s semi-automatic Smith & Wesson .45 caliber handgun he has a conceal/carry permit for and was carrying at the time of the March 13 incident, to Deputy Paul Bernd. Courtesy Photo Morgan family

In his written account of the incident, WCSO Deputy Bernd wrote: “MORGAN asserted that, during the argument and physical altercation, before he produced his firearm, MARTIN was holding him against a post on his front porch. MORGAN claimed he was unable to retreat from MARTIN during this time, which is what caused MORGAN to believe he would be justified in producing his firearm. It should be noted that MORGAN is approximately 6′ 5″ and 280 pounds, whereas MARTIN is approximately 5′ 8″ and 170 pounds.”

Officer Bernd does acknowledge Morgan’s reference to health conditions impacting him during the incident but appears skeptical: “The accused also asserted he has health conditions, namely related to his heart and back, which caused him to fear MARTIN would overpower him during the physical altercation. The accused, however, never mentioned feeling as though he was going to lose consciousness, nor did he ever mention that MARTIN had any weapons or any other means to gain the upper hand during the physical altercation. In fact, it was MORGAN who was able to subdue MARTIN in a ‘choke’ hold at the end of the physical altercation and not the other way around.”

Morgan did say his heart rate and blood pressure flared up during the altercation leading to an ambulance being sent “as my heart and blood pressure were out of control.” However, he added that he was able to steady himself with the incident over and authorities on the scene and signed off on not needing emergency medical transport from the scene.

Morgan prepared the written account referenced above of his perception of the incident for his employer, which he told the Royal Examiner became his “official statement” on the incident. It reads in part, “Using the gun, I started to push him away, and he went for my firearm. We then engaged as he was fighting me for the gun. I kept the gun pointed away from my wife and house so that if it was discharged, it would not be toward individuals. The gun did go off, and no one was injured. I took this opportunity as it startled Mr. Martin to put him on his back as he was still fighting me for the gun. Using my right hand to secure the gun, with him grabbing at it with both of his hands, I took my left arm and put it in his neck to subdue him and hold him down.

“Once he was out of breath, I was able to push him away safely and keep control of my firearm and told him to leave again. At this point, he did leave while still threatening me, and we waited in the road in front of our house for the sheriff’s department to arrive.

“Once they arrived, I was placed in handcuffs. They took his statement, and when the deputy came to me, he only asked how someone my size was in fear for their life.”